In The News: The Controversy of Potentially Fraudulent Service Animals in Phoenix

A Brief History of Service Dogs

Animals generally and dogs specifically have been used by humans to complete specific tasks for tens of thousands of years. Throughout ancient human history dogs have helped hunters track down and catch prey, to tracking down wounded soldiers during wartimes. There are some ancient mentions of dogs acting as helpers for those with disabilities, such as ruins found in an Ancient Roman city which depict a dog assisting a blind man (https://assistancedogs.wordpress.com/2013/08/05/the-history-of-the-service-dog-part-i-ancient-humans-and-dogs/). In more recent history, seeing-eye dogs became increasingly popular service animals in the late 1920s in the United States. It wasn’t until the 1960s when people began to use the help of service animals for disabilities other than blindness, such as hearing loss (https://assistancedogs.wordpress.com/2013/08/06/the-history-of-the-service-dog-part-ii-celebrating-international-assistance-dog-week/).

Today, service dogs help thousands of people with disabilities such as hearing loss, post-traumatic stress disorder and autism to live a happy, healthy and independent life.

State Senator Believes There is Service Dog Fraud in Arizona

An Arizona politician out of Fountain Hills believes there is a growing issue in Phoenix regarding service animals. John Kavanagh is a Republican member of the Arizona Senate, who represents district 23. Kavanagh supposes that dog owners in Arizona are abusing the Americans with Disabilities Act (ADA) service animal laws, by bringing their typical pet dogs into businesses and public places acting as service animals. Kavanagh says of the issue, “people complain all the time… I see it everywhere… everyone sees it, and its getting out of control”.

To combat the problem, Kavanagh has set forth a proposal that would allow a judge to impose a fine of up to $250 for anyone who fraudulently represents an animal as a service animal in a public place.

Under the proposal, business owners would not be allowed to refuse service or entrance on the premises if an owner is not able to produce this written proof “on the spot.”

Arizona Center for Disability Law Attorneys Disagree

Sarah Kadar, an attorney with the Arizona Center for Disability Law does not agree with Senator Kavanagh’s assertions. She says of the issue, “I think Kavanagh and others who are putting these (laws) forward are making a big deal like there’s thousands of people out there with these fraudulent service animals” (http://azdailysun.com/news/local/senator-seeks-law-to-deal-with-fraudulent-service-animals/article_e84a161a-c6bf-59a0-b1e0-ddee92cd3f98.html). Kadar believes that there is no (or a very minimal) issue with Arizonians misrepresenting their animals as service animals in public spaces. She believes that this proposal, if passed, will disproportionately punish people with disabilities for the actions of a very few.

Kadar also finds major flaw with the proposal itself. For example, in Kavanagh’s plan, individuals will be required to show specific written proof that their animal has been trained for a specific job outlined by ADA. Kadar points out that there is absolutely no mandate under ADA for service dogs to be formally trained. Because of this, people who have self-trained their service animals for ADA approved tasks will be subject to fines under the proposal. The proposal also heeds the question, what will happen to those who are unable to provide proof of training for their animals?

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